950 CMR, § 101.05

Current through Register 1531, September 27, 2024
Section 101.05 - Evidence
(1)Rules of Evidence. The Division, as provided in M.G.L. c. 30A, § 11, need not observe the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law. Evidence may be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs.
(2)Matters for Official Notice.
(a) Official notice may be taken of such matters as might be judicially noticed by the courts of the United States or of this Commonwealth and in addition, the Division may take notice of general, technical, or scientific facts within its specialized knowledge; provided, that any party shall on timely request be afforded an opportunity to contest the matters of which official notice is to be taken.
(b) Official notice in any Division proceeding also may be taken of any fact alleged, presented, or found in any other Division proceeding or of the status and disposition of such proceeding; provided that the parties shall be afforded an opportunity to contest the matters of which official notice is to be taken.
(3)Objections and Exceptions. Formal exceptions to rulings on evidence and procedure are unnecessary. It is sufficient that a party, at the time that a ruling of the Division is made or sought, makes known to the Division the action which he desires taken or his objections to such action and his grounds therefor. If a party does not have the opportunity to object to a ruling at the time it is made or to request a particular ruling at an appropriate time, such party, within three days of notification of the action taken or refused, shall state his objection and his grounds therefor.
(4)Production and View of Objects. A party may file a motion for the production or view of any object which relates to the subject matter of any proceeding then pending before the Division. Said motion shall be filed in accordance with 950 CMR 101.03 and shall be granted in the discretion of the Division where justice requires.
(5)Exhibits. Every party shall have the right to introduce exhibits.

950 CMR, § 101.05